S.I. No. 97/1938 - Labourers Cottage (Purchase) Regulations, 1938.

1. In this Order the following expressions shall have the meanings hereby assigned to them, that is to say :—

The Vesting Day means the ......................... day of .................................................... 19 ........

The principal annuity means the terminable annuity specified in the............ Purchase Scheme in relation to the cottage and in the table at the foot of this Order ;

The payment period means the number of years specified in the said purchase scheme and in the table at the foot of this Order during which the principal annuity is to be payable and commencing on the day next following the vesting day ;

The funding period means the number of years commencing with the payment period specified in the table at the foot of this Order within which the arrears are to be paid to the board.

The funding annuity means the annuity specified in the table at the foot of this Order by means of which the arrears are to be paid.

The gale days mean the days specified in the table at the foot of this

Order being the days on which each ......................... ly instalment of the principal annuity is to be paid under the said Purchase Scheme.

2. The cottage shall vest on the vesting day in the purchaser in fee simple, free from incumbrances and all estates, rights, titles and interests of whatsoever kind but subject to and charged with the payment to the board of the principal annuity during the payment period and the funding annuity during the funding

period in ................................ ly instalments on each gale day, and subject also to the following conditions, which conditions are hereby declared to apply to the cottage, that is to say

I. That on each gale day during the payment period an instalment of the annuity of the amount specified in the table at the foot of this Order shall be punctually paid to the Board.

II. That on each gale day during the funding period an instalment of the funding annuity of the amount specified in the table at the foot of this Order shall be punctually paid to the Board.

III. That subject to the provisions of the

Labourers Act, 1936

, the cottage shall not be used during the payment period for any purpose except one and one only of the following purposes, that is to say :—

(i) for the purpose of the accommodation of the purchaser or the purchaser and members of his family ;

(ii) on the death of the purchaser, for the purpose of the accommodation of a person, who is the widow, child or other relative of the purchaser and was resident in such cottage at such death, or such person and members of such person's family ;

(iii) the purpose of the accommodation of an agricultural labourer or an agricultural labourer and members of his family.

IV. The cottage shall not be alienated otherwise than by operation of law or by sale with the consent of the board.

V. The cottage shall be kept in good sanitary condition and repair.

VI. The cottage shall not be sub-divided.

VII. The plot (if any) held with such cottage shall not be let in conacre.

VIII. No soil, sand, gravel or similar material shall be removed from the plot (if any) held with such cottage except so far as may be necessary for the proper cultivation of such plot or the erection of necessary buildings.

FORM C.P. 5 — (

continued

).

TABLE OF PARTICULARS.

Number of Cottage

Townland where situated

Date of erection

Amount of principal annuity

Number of years in payment period

Amount of funding annuity

Number of years in funding period

Amount of ...........ly instalment of principal annuity.

Amount of ............ly instalment of funding annuity

Gale Days

1

2

3

4

5

6

7

8

9

10

FORM C.P. 5—(

continued

).

This Order has been made by the (Name of Board) ............................................................ .........................

at their meeting held this ............................................................ ...............

day of ............................................................ ................ 19 ...........

............................................................ .......... Chairman.

...................................................

Two other members present at the meeting.

...................................................

............................................................ ........... Secretary of the Board.

NOTE (Not to appear on the Vesting Order) :—

Where no sum in respect of rent remains due at the time of the making of the vesting order the inappropriate portions of the form should be omitted and the principal annuity may be referred to as the annuity.

3. The Labourers Cottage (Purchase) Regulations, 1937, shall be and the same are hereby revoked.

4. In these regulations the expression " the Act " means the

Labourers Act, 1936

.

5.—(1) The prescribed places at which copies of a purchase scheme submitted to the Minister in pursuance of section 12 of the act shall be made available for public inspection shall be the principal offices of the board of health by which such purchase scheme was prepared and also every post office in the county health district at which Money Order business is transacted.

(2) The prescribed times at which the copies of a purchase scheme referred to in the immediately preceding paragraph shall be made available for public inspection shall be the hours during which the offices where such copies are so available remain open for the transaction of business during the period from the day before the first publication of notice under paragraph (

a

) of sub-section (6) of section 12 of the act, in relation to such purchase scheme and a date three weeks after the second publication of such notice.

6.—(1) The prescribed places at which copies of an Order of the Minister under section 14 of the act declaring the day on which a purchase scheme comes into force and copies of such purchase scheme shall be made available for public inspection shall be the principal offices of the board of health by which such purchase scheme was prepared and also every post office in the county health district at which Money Order business is transacted.

(2) The prescribed times at which the copies of the order and purchase scheme referred to in the immediately preceding paragraph shall be made available for public inspection shall be the hours during which the offices where such copies are so available remain open for the transaction of business during the period from the date of the first publication of notice of the making of the order under sub-section (2) of section 14 of the act and a date three weeks after the second publication of such notice.

7. The prescribed time within which notice shall be published of the making of an order by the Minister declaring the day on which a purchase scheme comes into force shall be fourteen days from the making of such order.

8. Every form set forth in the Schedule to these Regulations shall be the prescribed form for the purpose specified therefor in the said Schedule.

9. Every purchase scheme shall specify the particulars set forth in the prescribed form of purchase scheme (Form No. C.P. 1) in the Schedule to these Regulations.

10. Every application made under section 16 of the act to a board of health for the transfer of the interest of such board of health in such cottage shall contain the particulars set forth in the prescribed form of such application (Form No. C.P. 4.) in the Schedule to these Regulations.

Given under the Official Seal of the Minister for

Local Government and Public Health this 8th

day of August, One Thousand Nine Hundred

and Thirty-eight.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

FORM No. C.P. 1.

(PURCHASE SCHEME).

Scheme for the purchase of Cottages under the

Labourers Act, 1936

, entitled the (

Note

1).................................... Purchase Scheme made by the (Name of Board) ............................................................ .. on the..................day of......................................... 19......

The terms of purchase for every cottage described in the annexed Table shall be those set forth in the said Table for such cottage.

TABLE.

Number of Cottage

Townland where situated

Date of erection

Present Rent (Note 2).

Amount of terminable annuity

Number of years during which annuity is to be paid

Whether annuity is to be paid in one annual sum or in weekly, monthly, quarterly or half-yearly instalments

The above purchase scheme has been made by the (Name of Board) ……............................................................ ......................... at their meeting held this day.

Given under the Seal of the Board and signed by us this ......................... day of ............................................... 19......

….…………........................................Chairman.

...........................................

...........................................

Two other members present at the meeting.

...................………………..................Secretary of the Board.

NOTES.—1. The title should so far as possible indicate the location of the cottages.

STATUTORY RULES AND ORDERS. 1938. No. 97.

LABOURERS COTTAGE (PURCHASE) REGULATIONS, 1938.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

LABOURERS ACT, 1936

.

The Minister for Local Government and Public Health in exercise of the powers conferred on him by the

Labourers Act, 1936

, as amended by the

Housing and Labourers Act, 1937

, and all other powers enabling him in that behalf hereby makes the following regulations, that is to say :—